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Legal Professionals

From a legal stand point, everyone knows that pre-grant appeals, post-grant proceedings and litigations are complex, expensive and risky. But did you know that those risks can be quantified?

Traditionally one had to rely on anecdotes, and on local and incomplete data.

Business Professionals

From a business perspective, it is now finally understood that Intellectual Property has a major impact on most businesses. And hence, Intellectual Property has become a board level issue.

Board rooms and managers need facts to be able to make the right decisions. But what are the facts? And how reliable are they?

Reports & Analytics Insights

With Darts-ip reports and analytics, you can assess the facts and gain new insights to generate local and global strategies without drilling into each individual case in the Darts-ip databases.

When we analyse a case, we enter up to 140 different non-legal data points. For each of the 11 harmonised legal zones, we have about 300 possible legal points for patents and 350 possible legal points for trademark.

We produce reports and analytics on any of these data points. Pricing depends on the extent of the report and reports are typically delivered within 48 hours.

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EXAMPLES OF INSIGHTS WE BRING

Patent – Legal Reports

Timeline of satisfying the non-obviousness criteria before a European patent office

How is the interpretation of patent law evolving ?

Review of the non-obviousness criteria is increasingly difficult to satisfy in a specific jurisdiction around the world.

Compare the trends between countries over time to see how often a judge decides to stay because another proceeding is under-way.

Industry comparison on the main grounds used to invalidate patents

Most common reasons patents are invalidated

Compare in graphical form the main grounds used to invalidate a patent (or to narrow its scope) in the major IP offices (EPO, JPO, SIPO, KIPO, and USPTO) or in local offices (Australian patent office, German Patent and Trade Mark Office, Taiwan Intellectual Property Office, UKIPO…)

List the patents granted by the EPO after a discussion on sufficiency of disclosure that have been subsequently evoked by a national jurisdiction in Europe for a lack of sufficiency of disclosure.

Where to take action – global forum shopping

Review how long first instance infringement cases last in Australia, Brazil, China, India, Japan, South Korea and the US?

Compare likelihoods of preliminary injunctions being granted in the TGI of Paris, LG Düsseldorf and Eng & Wales High Court of London. What has been the evolution in these courts over the past years?

Examiner rankings based on their take of specific topics

Insights on Lawyers, Judges and Examiners (US only)

Evaluate your opposing counsel’s experience before a specific court within a specific technical field. How many cases did he or she deal with over time? What has been his or her win rate?

See over time how strict a specific Patent Office Examiner has allowed the inclusion of additional matters in a patent application?

Analyse the case history of a Judge in the US to see if there could be an argument to apply for a change of venue.

Patent – Business Reports

Monitor what a company is doing with its patents

Do you want to know what products a company intends to develop in the future? Which sectors or products is a company relying on for its growth? Look at its patents! More specifically, identify which patents they are actively attacking or defending and has the focus changed over time?

Who are the main companies litigating in a particular industry? Which company is the most aggressive and where? Who are the main opponents of a particular company? What has the evolution been over time?

How successful has the company been at defending its patents and at stopping other companies filing patents? How does its win rate compare to industry peers?

NPEs (Non Practicing Entities)

Are NPEs active in a particular sector? Are they successful at obtaining favourable outcomes? How much compensation have they obtained in court actions?

Where is a particular NPE active around the world? Does an NPE have a specific industry focus? Who is it usually attacking? How successful has it been?

Patent or patent portfolio analysis. Industry / Market overview

Are the patents still valid? If so, where in the world are they still valid? Who has challenged a particular patent and where? On what grounds? These are essential questions to be asked in case of due diligence and competitive analysis.

When considering entering a specific market, or to invest in a particular technology, identify how litigious (or how “hot”) it has been in the area of interest. Compare how “hot” it has been in a variety of regions.

Potential damages awarded

Are your patents being infringed? Are you considering entering a particular market? See the damages awarded in a certain country/court for infringing a patent. See how often damages have been awarded in certain technology areas. What has the evolution been over recent year?

Trademark – Business Reports

The most similar products to neckties in a certain country

Understanding your market

When registering trademarks, you can now see which goods and services can be potentially risky. See how many decisions have stated a similarity between your goods and services, and others.

Most asserted trademarks of PepsiCo

Know who you are up against. Monitor what companies are doing with their trademarks

Companies register a large number of trademarks for a large number of products. But which are the most important ones? Look at the ones they’re actively protecting!

Does the company have experience defending its trademarks? Is it aggressively attacking holders of similar trademarks? How many cases has the company been involved in (as defendant or plaintiff)? Where in the world have these cases taken place? What has the evolution been over time ?

How successful has the company been at defending its trademarks and at stopping other companies from filing potentially similar trademarks?

See what a company’s win rate is in appeal in administrative hearings worldwide and when its trademark was refused on absolute grounds.

Potential conflict report

Assess what your overall strengths are in the framework of one specific potential conflict.

Ad hoc reports on similarity between signs, similarity between goods, aggressiveness of a holder of a mark. As representative of the screened mark PHYNIX you have a potential conflict with the already registered mark PHOENIX CONTACT in classes 9 and 41 and would like to assess the chances of success of an opposition. Is the owner of the prior mark usually defending his trade mark rights? How similar can the signs be deemed? Are educational services deemed similar to trainings?

Trademark – Legal Reports

Compare legal trends around the world. Review how regulations are implemented?

Determine if the distinctiveness of a word and device mark is increasingly hard to obtain at the major IP offices (EUIPO, INPI, KIPO, SIPO, USPTO) and national courts (U.S. Court of Appeals, Tribunal de Propiedad Industrial (Chile), appeal court of The Hague, Beijing High Court)

How are trademarks with a reputation/well-known assessed over time in India? Compare the evolution to other Commonwealth countries.

How has the Directive 2004/48/EC on the enforcement of intellectual property rights been implemented by the national courts of the European Union, and more specifically the “right of information” foreseen by this Directive?

Where to take action – global forum shopping.

Review how long first instance infringement cases last in Japan, China, Korea.

Compare the likelihood of preliminary injunctions being granted in the (TGI of Paris, LG Düsseldorf and Eng & Wales High Court of London). What has been the evolution in these courts over the past years/months?

Global forum shopping

Evolution of interpretation of law over time and in a certain region.

Compare win rates on trade mark similarity over time between Germany, France and the Netherlands.

Review if the similarity rate between pharmaceutical products and nutritional supplements is comparable in specific jurisdictions around the world.

Compare the trends in a specific industry over time to see how often an examiner accepts a request on restitutio in integrum.

Insights on Lawyers, Judges and Examiners (US only)

Evaluate your opposing counsel’s experience before a specific court within a specific field of activity. How many cases has he or she dealt with over time? What has his or her win rate been?

See over time how strict a specific Trademark Office Examiner has interpreted the functionality criteria for 3D marks.

Analyse the case history of a Judge in the US to see if there could be an argument to apply for a change of venue.

How much does it cost?

Our pricing is affordable with no hidden costs – you can budget with confidence.
Request a quote here.